Introduction
In Nigeria, the office of the Notary Public is one of the most respected legal designations bestowed on a qualified legal practitioner. Notaries perform vital functions such as administering oaths, attesting to documents, authenticating signatures, and certifying instruments for use within and outside Nigeria. Their authority is derived from the Notaries Public Act, Cap. N141, Laws of the Federation of Nigeria 2004, and the Oaths Act, Cap. O1, which collectively recognize their powers and responsibilities.
Because notarized documents often carry evidential and international recognition, Nigerian courts have consistently emphasized the importance of strict compliance with the statutory requirements governing notarial acts.
The following judicial pronouncements shed light on the powers, duties, and limitations of a Notary Public under Nigerian law.
The Legal Status and Powers of a Notary Public
In IDRIS v. GADA & ORS (2023) LPELR-59349(CA),the Court of Appeal reaffirmed the competence of a Notary Public to administer oaths and affirmations in Nigeria. The Court held that:
“It is trite that a Notary Public, once appointed by the Chief Justice of Nigeria pursuant to the Notaries Public Act, is properly empowered and authorised to administer oath and/or affirmation, just as any Commissioner for Oath, authorised by law to so act.”
The Court emphasized Section 10 of the Oaths Act, which expressly recognizes Notaries Public as persons lawfully authorized to administer oaths and affirmations.
Similarly, the Supreme Court in BUHARI v. INEC & ORS (2008) LPELR-814(SC)observed that, although the Notaries Public Act does not list all the duties of a notary in detail, a notary in Nigeria performs the same functions as one in England—administering oaths and attest and certify by his hand and official seal some categories or classes of documents.
Appointment and Registration of Notaries
The statutory foundation for the appointment of Notaries is provided under Section 2 of the Notaries Public Act, which states that:
“The Chief Justice of Nigeria may appoint any fit and proper person being a legal practitioner to be a notary public for Nigeria.”
Furthermore, Section 4(1) mandates the Chief Registrar of the Supreme Court to keep a register containing the names and addresses of all appointed notaries.
This position was reinforced in ENEMOSAH v. EXECUTIVE CHAIRMAN OF EFCC (2021) LPELR-56467(CA), where the Court held that:
“Section 4(1) of the Notaries Public Act, 2004 provides that the Chief Registrar of the Supreme Court shall keep a register in which the name and address of every person appointed a notary public shall be entered.”
Per MOORE ASEIMO ABRAHAM ADUMEIN, JCA (Pp 30 – 30 Paras F – A)
Execution of Documents Before a Notary Public
The execution of legal instruments such as Powers of Attorney and Deeds of Assignment before a Notary Public enhances the authenticity and evidential credibility of such documents.
In OKOYE v. DUMEBI (2014) LPELR-24155(CA), the Court of Appeal cited the Supreme Court decision in MELWANI v. FIVE STAR INDUSTRIES LTD (2002) 1 SC 120, holding that:
“……… a Power of Attorney that is not executed before a Notary Public and authenticated by him will not be presumed to have been made by the donor and the donor’s signature will then have to be proved if it is alleged that the document was not made by the donor.”
Per EMMANUEL AKOMAYE AGIM, JCA (Pp 115 – 115 Paras C – E)
This underscores the evidentiary value of notarization, especially in commercial and property transactions.
Where documents are executed by persons who cannot read or write, additional legal safeguards may apply under the Illiterates Protection Law.
Proper Authentication and the Use of Notarial Seals
In ENEMOSAH v. EXECUTIVE CHAIRMAN OF EFCC (2021) LPELR-56467(CA), the Court clarified that for a document to be regarded as duly authenticated by a notary, it must:
1. Bear a jurat of attestation indicating the place and date of notarization;
2. Be signed and sealed by the notary; and
3. Contain an endorsement that the document has been notarized in accordance with the Act.
The Court held that documents lacking these elements are as bad as documents not authenticated at all.
The presence of a notarial seal and signature signifies that the notary has verified the identity of the signatory and witnessed the execution of the document.
Notaries also play an important role in the authentication of documents used in estate planning and succession matters. For guidance on estate planning, see our article on How to Write a Will in Nigeria.
Conflict of Interest and Prohibition
Notaries are strictly prohibited from exercising their powers in matters where they have an interest. Section 19 of the Notaries Public Act provides:
“No notary shall exercise any of his powers as a notary in any proceedings or matter in which he is interested.”
This was highlighted in BUHARI v. INEC & ORS (2008) LPELR-814(SC), where the Supreme Court held that a notary who is also counsel to a party in a suit cannot notarize documents in that same matter.
Historical and Comparative Insight
The Court of Appeal in ENEMOSAH v. EXECUTIVE CHAIRMAN OF EFCC (2021)traced the historical evolution of the office of Notary Public, noting that it dates back to ancient Rome, where notaries acted as public scribes and recorders of legal instruments. In modern practice, they continue to play an indispensable role in certifying and validating documents both locally and internationally.
When Notarization Is Required
Certain documents commonly notarized in Nigeria include:
Affidavits for use outside Nigeria
International business agreements
Statutory declarations
Property transaction instruments intended for foreign use.
Conclusion
The position of a Notary Public is one of integrity, trust, and professionalism. Every notarial act carries legal weight, especially in matters involving cross-border transactions, affidavits, and property documentation. The courts have consistently upheld the importance of proper notarization, ensuring that such acts are carried out strictly in accordance with the law.
Disclaimer
This publication is for general informational purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified legal practitioner for advice specific to their circumstances.
For qualified lawyers seeking to apply for appointment as a Notary Public, visit: https://notary.supremecourt.gov.ng
For legal news and updates, visit: https://amakaekelawoffice.com/legal-news-and-updates/
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